The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1887-02-05

that having done 40, they have gone out
OF Office and have no further functions.
They further claim that no legal votes
were cast, the only ineligible ground for
this claim being the alleged invalidity OF
the statute. They also claim that no
legal ballots were cast for the place which
received the majority OF all the votes cast
at the election which were for Crystal
Falls, because there issuch a township OF
large dimensions, and no definite place
namedIwithin il. They also claim thatno
notice was given Of the general election,
and that separate boxes were providedfo for
county seat ballots. And they undertake
to set up various other reasons resting on
alleged frauds and irregularities in the
election Mt different precincts.
Before considering the statute IA
regards it's legal validity it is proper to
refer TO the various methods attempted
by respondents TO avoid the performance
OF their legal duties. This statute defines
who shall becanvassers, and respondents
are the canyassers provided for. IL re-
quires them To organize with chairman
and secretary, which they also havedone.
| IL then imposes upon them the single and
specific duty of canvassing the votes cert
/ iied by the election officers and certifying
the number ofvotcs cast for each location
and the place designated. The ARE not a.
| judicial or quasi judicial body. They are
not permanent body with administra-
/ tive functions. They are created for a
single occasion and Tor a single object.
/ They have no means given them TO inquire
and no right To inquire beyond the re-
| turns OF the local election boards. They
have no right To raise outside issues to
decide themselves or to ask us to decide
| When they have figured up the returns
exactly as handed over To them, they
have completed their task and exhausted
4 their powers. Until they have done so
they have no right To dissolve their meet
ing. They can only get out of their Office
by completing its work. 1t would be
worse than absurd TO allow a board OF
canvassers 90 defeat the popular will and
destroy an election 10y refusing or neglect
ing TO do what the law requires them to
do. They may bring themselves within
the punishment OF the law by such mis-
conduct, but they can not destroy the
vote.
We do not very well see what they have
to do with inquiring whether the ballot
! boxes were separate or single, nor is n
their function to inquire into the geo
graphical character Of the vote But we
have no doubt that separate ballot box
was lawful and more convenient than any
other. This is expressly provided Tor ON
votes 20 remove county seats. (llowell
statue, 49l). Neither is there any diff
sulty i'm holding that the vote for Crystal
Falls means the settlement ofthatname.
The law does not require the county seat
10 be ON a particular village or city lot
or square, although there have been some
INSTANCES OF that kind. And il can not
be PRESUMED that as between a large ter
ritory and fixed settlement the location
was meant to bc at large and not definite.
The statute makes the time and occas-
ION imperative. IL h required 20 be at
the next general state election Where
such direction is given il can not be
made nugatory by any failure 90 give
notice. Every one is bound To take no.
tice of what the statute requires. (Peo-
pie w Hartwell, / 2 Mich, 5OS People
vs.. Witherll, IL Mich, 49,
An objection is also made 10 the juris.
diction of this court because it isclaimed
that the proceeding Co fix the county seat
* a. political one and does not involve
judicial questions. The cases referred e.
by the counsel are those where certain
non-judicial bodies are given the deterini
nation and management OF various public
affairs and given powers Of final Judgment
Such is the case where proceedings have
been rcgIrlarly carried TO an election
under thestatutes relating 10 the removal
of county seats attorney General W.
Supervisors Of Lake county, 33 Mich.
2S9: Attorney General w. Supervisors
Of Benzie county, 81 Mich, oil; Hip
/, Va. Supervisors OF Chnrlevoix, % \. w
r., 77.)
But IL is within the province of courts
Co restrain public bodies and officers o'
countirs and other municipal divisions
from exceeding their jurisdiction, and
also to require them 60 perform sucl
specific duties as the law imposes on
them T.e power 60 review action which
il not judicial IL in NO way similar To On,
power Co keep respondents within The
line of their. duty. This jurisdiction Il
constantly exercised and the cdOctrinc toe
elementary Co discuss. Every term o
court presents instances of such inter
ference.
The only really pertinent question pre-
scented is whether the law itself Is valid
The clause of the constitution supposed
TO stand in the way is section eight o'
article ten, which declares that "nc
county seat once established shall bc re-
moved until the place To- which IL is pro.
posed to be removed shall bc designated
by two thirds OF the board ofsuperviSorr
of the county, and n majority of the
electors voting thereon shall have voted
i'm favor of the proposed location in such
manner as shall be- presented by law"
II is not seriously contonded and could
not be- under our constitution, that tht
legislature may not make such provisions
as they see tic for the original establish.
mcnt of the county seat OF any county
(Ilico W. Shay, 43 Mich, 3SO.l But II
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